United States of America v. $22,000.00 in United States Currency

Filing 39

ORDER granting 36 Motion to Withdraw as Attorney. Claimant, Jerry Cato, II, is deemed to be proceeding pro se. The parties shall prepare a proposed final pretrial conference order to be submitted to the undersigned magistrate judge by 8/25/2010. Th e Final Pretrial Conference is set for 8/27/2010 at 9:30 a.m. before Magistrate Judge F. A. Gossett. Trial (nonjury) remains scheduled for 9/28/2010 at 8:30 a.m. before the Honorable Laurie Smith Camp, United States District Judge. The Clerk shall a mend the records of the court to show that Jerry Cato, II, is proceeding without the assistance of counsel and shall mail a copy of this order to Mr. Cato at his last known address. Ordered by Magistrate Judge F. A. Gossett. (Copies mailed as directed) (JSF)

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-FG3 United States of America v. $22,000.00 in United States Currency D o c . 39 IN THE UNITED STATES DISTRICT COURT F O R THE DISTRICT OF NEBRASKA U N IT E D STATES OF AMERICA, P l a i n t i f f, vs. $ 2 2 ,0 0 0 .0 0 IN UNITED STATES C U R R EN C Y, D efe n d a n t, J E R R Y CATO, II, Claimant. ) ) ) ) ) ) ) ) ) ) ) ) ) ) 8 :1 0 -c v -0 0 0 3 4 -L S C -F G 3 ORDER T h is matter is before the magistrate judge pursuant to 28 U.S.C. 636 and the general o rd e r of referral on the Motion to Withdraw (#36) filed by Timothy L. Ashford, counsel for the Claimant. The motion was served on the Claimant, Jerry Cato, II, on July 12, 2010. Mr. C a to did not respond to the motion, and substitute counsel has not entered an appearance. F o r good cause shown, the court finds that the motion should be granted, and Mr. Cato w ill be deemed to be proceeding without the assistance of counsel. I T IS ORDERED: 1 . C la im a n t, Jerry Cato, II, is deemed to be proceeding pro se, that is, without the a s s is ta n c e of counsel. Mr. Cato may retain substitute counsel at any time; however, until su c h time as substitute counsel enters a written appearance, Mr. Cato shall personally comply w ith all orders of this court, the Federal Rules of Civil Procedure, and the Local Rules of P r a c tic e . Failure to comply with these requirements may result in the imposition of sanctions a g a in s t the Claimant, including payment of costs and attorney's fees and/or the striking of the c la im and entry of default, pursuant to Rule 37 of the Federal Rules of Civil Procedure. 2 . T h e parties shall prepare a proposed final pretrial conference order in accordance w ith NECivR 16.2. Mr. Cato shall cooperate in preparing the proposed final pretrial order. P la in tif f 's counsel shall submit the proposed order to the undersigned magistrate judge by A u g u s t 25, 2010. Dockets.Justia.com 3 . T h e Final Pretrial Conference with the undersigned magistrate judge is set for F r id a y , August 27, 2010, at 9:30 a.m. in Courtroom No. 6, Second Floor, Roman L. Hruska U n ited States Courthouse, Omaha, Nebraska. Claimant, Jerry Cato, II, shall personally a tte n d the hearing. 4. T ria l (nonjury) remains scheduled for Tuesday, September 28, 2010 at 8:30 a .m . before the Honorable Laurie Smith Camp, United States District Judge. 3 . T h e Clerk shall amend the records of the court to show that Jerry Cato, II, is p ro c e e d in g without the assistance of counsel and shall mail a copy of this order to Mr. Cato a t his last known address. D A T E D August 3, 2010. B Y THE COURT: s / F.A. Gossett U n ite d States Magistrate Judge -2-